Voglio sapere a riguardo di…

khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Notices opportunities for the tribes and their transportation systems.
Consulting with tribal governments on making transportation services available to improve mobility, employment opportunities, and access to community services for people who have disabilities, are elderly, or lowincome.
Goal 4: Ensure the DOTs uniform and effective delivery of tribal programs throughout the country by:
Reviewing existing tribal policies in DOTs OAs to ensure consistency with this action plan and each other.
Assessing the resource needs of the tribal transportation programs at DOT.
Developing training modules for DOT employees on tribal transit and highway programs.
Developing a training program for DOT employees regarding tribes, the sovereignty of tribal governments, and the unique government-to-government relationship between tribes and the Federal Government.
Reaffirming DOTs commitment to working with the Bureau of Indian Affairs on the administration of tribal highway safety grants.
Continuing to support the tribal Technical Assistance Program TTAP.
Addressing tribal transportation issues in DOT Strategic Plans.
Enhancing support for tribal Liaisons in the Federal Transit Administration, the Federal Highway Administration, the Federal Aviation Administration, and other staff throughout the Department working with tribal governments.
Coordinating efforts among DOTs OAs by establishing a Department-wide working group tasked with making specific recommendations to the Secretary of Transportation.
Goal 5: Assist in implementing tribal infrastructure projects by:
Building capacity of tribes on DOT
Programs and processes, including the Indian Reservation Roads Program and the Tribal Transit Program.
Initiating a review of the grant process for the Tribal Transit Program in consultation with the tribes.
Working with tribal governments to develop case studies and best practices in transportation planning and highway safety.
Developing a highway Safety Management System SMS for tribal governments and forming a Steering Committee that includes tribal representatives to advise on the SMS.
Identifying and communicating to tribal leaders emerging issues that could impact tribal transportation programs.
Publishing guidance on DOTs programs with potential benefits to tribal governments.

VerDate Sep<11>2014

17:03 Mar 08, 2021

Jkt 253001

Goal 6: Assist tribal members in developing transportation capacities by:
Increasing internships for American Indians and Alaska Natives at DOT
through outreach to tribal colleges and universities.
Creating a web page for tribes on the DOT website.
Increasing the representation of American Indians and Alaska Natives in the DOT workforce, within merit principles and consistent with the application of appropriate veterans preference criteria.
Goal 7: Assist efforts to coordinate national tribal infrastructure policy and programs within the Federal Government by:
Working with the U.S. Department of Agriculture, the Indian Health Service, and the Bureau of Indian Affairs to coordinate Federal tribal infrastructure programs and incorporating livability principles as adopted by the Departments Sustainability Partnership with the U.S.
Department of Housing and Urban Development and the U.S.
Environmental Protection Agency.
We seek your input on these seven goals, which the Department identified in the Consultation Plan developed in 2010 to guide the actions we will take to support the principles set forth in E.O. 13175. Should we revise any of these goals or incorporate new goals?
Please explain your recommendation. If a new goal is proposed, what actions should we take, to the extent practicable and consistent with law, to support the principles set forth in E.O. 13175?
Please explain why these actions are appropriate and how they are consistent with law.
2. DOT Order 5301.1
The Department issued DOT Order 5301.1 https www.transportation.gov/
sites/dot.gov/files/docs/DOT%20
5301.1.pdf to ensure that programs, policies, and procedures administered by the Department are responsive to the needs and concerns of American Indians, Alaska Natives, and tribes. DOT
Order 5301.1 predates E.O. 13175. It affirms the Departments and the OAs unique legal relationship with Indian tribes; establishes the Departments consultation and coordination process with Indian tribes for any action that may significantly or uniquely affect them; and, lists goals and requirements for OAs carrying out policies, programs, and activities affecting American Indians, Alaska Natives, and tribes.
These requirements were designed to recognize Indian statutory preferences in employment, Federal financial assistance arrangements, and
PO 00000

Frm 00089

Fmt 4703

Sfmt 4703

13607

contracting; respond to the transportation concerns of Indian tribes related to environmental justice, childrens safety and environmental health risks, occupational health and safety, and environmental matters;
foster opportunities for hiring tribal members and increasing participation in Federal training activities; include tribal colleges and universities in Departmental educational, research, and program activities; and treat correspondence from leaders of Indian tribes in the same manner as Congressional correspondence.
In developing our detailed plan of action for consideration by OMB and the APDP, we have identified a need to review DOT Order 5301.1.
E.O. 13175 requires agencies to ensure meaningful and timely input from Tribal government representatives in the development of rules that have substantial direct effects. What additional or different steps can we take to ensure meaningful and timely input in the development of policies that have tribal implications? Please explain why these actions are appropriate.
What steps should we continue to take to ensure meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications?
Are there recommendations for ways the accountability of our consultation process can be improved?
DOT Order 5301.1 defines consultation, in relevant part, as a meaningful and timely discussion . . .
during the development of regulations, policies, programs, plans or matters that significantly or uniquely affect Tribal communities. DOT Order 5301.1
references implementing instructions found in OMB Memorandum M9520
and the 1994 Presidential Memorandum titled Government-to-Government Consultations with Native American Tribal Governments. How do you recommend that we revise DOT Order 5301.1 to align it with E.O 13175?
Please explain your recommendation.
E.O. 13175 requires agencies to consult with Tribal governments in the development of rules that impose substantial direct compliance costs or substantial direct effects on Tribal communities or the relationship and distribution of power between the Federal Government and Tribes. Please identify actions we have taken that, in your view, impose substantial direct compliance costs or substantial direct effects on Tribes or the distribution of power between the Federal Government and Tribes. Please explain why, in your view, these actions have a substantial
E:FRFM09MRN1.SGM

09MRN1